Subscription Service Agreement

This Subscription Service Agreement (the “Agreement”) on www.finteza.com sets forth the obligations and conditions between you (“Client”) and  Finteza Ltd.,a  limited liability company (“Finteza”), relating to your use of the Service defined herein. Client and Finteza may be collectively referred to as the “Parties” or individually as a “Party.”

Please read this Agreement carefully, it is a legally binding agreement between you and Finteza.com and print a copy of this Agreement for your records.

Your use of the Services is expressly conditioned on your acceptance of this Agreement.

If you enter into this Agreement as an agent, officer, employee or other representative of a Client, you and the Client warrant to Finteza that you are duly authorized to enter into this Agreement on behalf of the Client.

1. The Services 

Finteza will provide you with the Service for which you register and subscribe on Finteza’s website, subject to the terms and conditions of this Agreement.

Descriptions of the Services, is available on Finteza’s website.

Finteza reserves the right to modify, enhance, or supplement the Services at any time in its sole discretion, provided that those such modifications and enhancements do not materially and adversely affect your rights or obligations under this Agreement.

2. Registration process

To register and  subscribe to any Service, you shall fill in Finteza’s online registration form for the relevant Service.

The registration form details shall include, but not be limited to, your name, address, email address, website URLs, credit card information, and other billing information. (Please be informed that Finteza does not store, hold, process, or access your credit card information.  Payment transactions are handled entirely   by our secure third  party  payment processors: PayPal, Worldpay, Chargify or Stripe). Use of all other information submitted via the registration form is according to Finteza's privacy policy (link).

Finteza reserves the right, to grant or refuse registration or Service activation in its sole and absolute discretion.

Finteza has no obligation to provide any Service until the completion of full payment of the applicable fee for the relevant Service.

3. Promises and obligations as a condition of receiving any services,

You promise, represent, warrant and agree to the following:

3.1. All the information you provide when you register with Finteza is true, complete, and accurate, and you will notify Finteza of any changes to your registration details during the term of this Agreement and submit updated information within twenty (20) days of any such changes;
   
3.2. None of the URLs you submit to Finteza link to any web page or site that contains any:

  • hate propaganda, material that encourages or promotes illegal activity or violence;
  • content that violates or infringes in any way upon the statutory, common law, or proprietary rights of others, including but not limited to copyrights, trademark rights, patents, or any other third party intellectual property, contract, privacy, or publicity rights;
  • material that promotes or utilizes software or services designed to deliver unsolicited email;
  • material that violates any local, national, or international laws or regulations;
  • misrepresentations or material that is threatening, abusive, harassing, libelous, or defamatory, obscene, profane, indecent, or otherwise objectionable, offensive, or harmful; or
  • other material that Finteza, in its sole discretion, deems inappropriate, including any violations of standards posted on Finteza’s website or sent to you by email;

3.3. You will safeguard your account user name and password by not disclosing your password to any third party, and you will assume responsibility for any and all harm or liability attributable to you or any other person accessing your account or any Services with your user name and password.

3.4. You will not copy, sell, redistribute, license, sublicense, or otherwise transfer your account, or any materials provided to you in connection with the Services, to any third party without Finteza’s written consent.

3.5. You will treat any and all consumer information gathered for you or transmitted to you via the Finteza website or Services in accordance with Finteza’s Privacy Policy.

3.6. You will comply with all applicable federal laws and regulations governing your activities under this Agreement.  You will comply with all applicable personal data laws and regulations and you will obtain the necessary authorizations from the users of your website to collect and process any personal data for performing your advertising.

3.7. You have full power and authority to enter into this Agreement and to perform your obligations hereunder.

Without limiting its other remedies, Finteza may refuse or cancel your account or Services at any time for any violation of the foregoing promises and obligations. To assure compliance with the criteria in Subsection 3.2 above, Finteza reserves the right to monitor the content of the web pages or sites that correspond to the URLs you submit to Finteza.

4. Payment

Finteza services are provided on a monthly or annual payments subscription basis.

You agree to pay Finteza the set-up fees and recurring subscription fee listed on Finteza’s website for the service you select. Completion and submission of any Service activation form authorizes Finteza to charge the credit card specified in your registration for all applicable fees and related taxes (VAT) corresponding to the selected Service. All charges will be made on a monthly, or annual basis depending on the selection method specified on the activation form.

In order to stop payment of the fee for any new subscription period, you must cancel the Service BEFORE the new subscription period begins. Any failure to pay the fees due under this Agreement will be a material breach of the terms and conditions  under this Agreement. Without limiting any other remedies available to Finteza, YOU AGREE TO FULLY REIMBURSE FINTEZA FOR ANY COSTS AND EXPENSES THAT FINTEZA MAY INCUR IN CONNECTION WITH COLLECTING OR ATTEMPTING TO COLLECT ANY SUCH UNPAID FEES.

5. Agreement and fee modifications

Finteza may amend in its sole and absolute discretion the Service fees, or any terms and conditions of this Agreement, at any time by publishing the updated version of the fees or terms and conditions of this Agreement on Finteza’s website. The new fees shall be effective upon the publication of the revised fee changes on Finteza's website.

Amendments to terms and conditions not related to pricing shall become effective fifteen (15) days after publication of the revised version on Finteza's website. If you do not agree to any published changes by Finteza in accordance with this Section, you must cancel your account or the relevant Service as provided herein prior to the effective date of the amended version, otherwise you will be deemed to have accepted and agreed to the changes.

Additional modifications to these terms and conditions may be made in special circumstances, upon approval in writing by an executive, vice president or higher-level officer of Finteza on Finteza’s letterhead. Product sales and support representatives are not authorized to waive or modify any provisions of this Agreement. Failure by Finteza to enforce any term of this Agreement shall not be construed as a waiver thereof, nor shall it affect your obligations or Finteza’s rights and remedies hereunder.

6. Duration and cancellation of services

Unless stated otherwise, each Service shall be provided and billed on a monthly or yearly subscription basis, calculated from the day of payment-activation and continuing in intervals, monthly or annual. Subscriptions will activate regular payments for monthly or annual periods, as applicable, until cancelled in accordance with this section. Either you or Finteza may cancel a relevant Service (or Finteza may decide to discontinue a Service at its sole and absolute discretion) by  canceling the subscription agreement directly through PayPal, WorldPay, or the relevant payment processor, in which case the Service will terminate at the end of the current monthly or yearly at the time billing period. Finteza may cancel the service if you exceed the particular number of monthly page views per month as selected during the subscribing process. Opentracker may also increase your subscription fee according to the relevant bracket of page views, if your site’s traffic consistently exceeds the bracket initially chosen for the service.

Finteza reserves the absolute right to cancel any relevant Service with immediate effect and without notice in the event of a breach of any provision of this Agreement or any other term and condition that applies to the relevant Service. NO REFUNDS WILL BE AVAILABLE ON ACCOUNT OF ANY SERVICE CANCELLATION BY EITHER PARTY, EXCEPT AS EXPRESSLY PROVIDED IN THE SECTION ENTITLED “REFUNDS” BELOW.

7. Term and termination of agreement

The terms of this Agreement will be effective on the date that Finteza accepts your initial registration and will continue in force until terminated according to this section. Either party may terminate this Agreement by written notice to the other party. By terminating this Agreement the account is automatically cancelled. Finteza also reserves the right to terminate this Agreement and cancel your account with immediate effect and without notice in the event that you breach any provision of this Agreement.

No refunds will be available on account in the event termination of this Agreement, except as expressly provided in the Section entitled “Refunds” below. Sections 10 through to 15 of this Agreement shall survive and remain in effect notwithstanding any termination of this Agreement. If this agreement is terminated by us or by you for any reason, you agree to remove our code, logos and trademarks and any other parts of the Service from all of your Websites and other items. Failure to remove our code including, but is not limited to the placement of redirects and/or pop-ups from your website entitles us Finteza to take all actions to recover any loss incurred or suffered.

8. Refunds

If you cancel any Service you acknowledge and agree that NO REFUNDS WILL BE MADE.

9. Third party disclosure

Finteza shall not disclose statistics pertaining to your site to any third party, unless with your explicit authorization. The statistics provided by Finteza are strictly held private and confidential and only accessible by Finteza's administrators and the users of the accounts that you create.

10. Use of tags

Some of the Services rely on the use of HTML tags or other code in your webpage or site. Subject to your compliance with all the terms of this Agreement, Finteza grants you permission to use the HTML tags or other code supplied to you by Finteza (the “Tags”) solely for your use in receiving the Services for which you have paid. You agree to follow all instructions and restrictions provided to you by Finteza with respect to your use of the Tags. You agree that Finteza will not be responsible for any malfunctions, errors, data inaccuracies, or improper results attributable to your incorrect, unauthorized, or unsupported use of any Tags.

11. Ownership rights

You agree and understand that the Services and all graphic designs, icons, Tags, HTML code, computer programming, and other elements incorporated therein are the exclusive property of Finteza. In addition, you acknowledge that Finteza owns all right, title, and interest in and to Finteza’s trademarks, trade names, service marks, inventions, copyrights, trade secrets, patents, technology, software, and know-how related to the design, function, or operation of the Service. Your rights to the Services are strictly limited to the rights expressly granted in this Agreement.

12. Disclaimer of warranty

Finteza makes no guarantees of any kind regarding the use or the results derived from any Services in terms of dependability, accuracy, security, timeliness, availability, reliability, or usefulness. The Services and all related materials are provided “AS IS” without warranty of any kind. Finteza HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FINTEZA DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES WILL BE SUITABLE FOR YOUR NEEDS OR YOUR INTENDED APPLICATIONS, OR THAT THE SERVICES WILL BE COMPATIBLE WITH OR OPERATE IN THE HARDWARE, SOFTWARE, OR WEBSITE CONFIGURATIONS THAT YOU SELECT.

13. Limitation of liability

IN NO EVENT WILL FINTEZA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND FINTEZA IS NOTIFIED IN ADVANCE.

Without limiting the foregoing, Finteza is not responsible for any of your data residing on Finteza hardware. You are solely responsible to back-up your data and information that may reside on the Finteza hardware, whether or not such information is produced through the use of the Service.

14. Indemnification

You agree to indemnify, hold harmless, and (at Finteza’s request) defend Finteza and its officers, directors, shareholders, and representatives from and against any and all liability, damages, losses, costs, or expenses (including but not limited to attorneys’ fees and expenses) incurred in connection with any claim related to (a) your breach of any term, condition, representation, warranty, or covenant of this Agreement; or (b) the information you provide to Finteza or make available to any third party, including your registration details and the content of the web pages corresponding to the URLs you submit to Finteza. This obligation shall survive the termination of this Agreement.

15. Sole and exclusive remedy

If you are dissatisfied with any portion of any Service, your sole and exclusive remedy is to cancel your account or your subscription to the given Service according to this Agreement. No refunds are available.

16. General provisions

This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the Republic of Cyprus.   

Any disputes arising between the Parties shall be settled through negotiations between them. In the event a dispute cannot be resolved through the negotiations of the Parties, each Party irrevocably agrees that the courts of the Republic of Cyprus shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.

 If any term or any part of a provision of this Agreement is found by a competent judicial authority to be invalid or unenforceable in any respect, the validity of the remainder of this Agreement shall be unaffected, provided that such unenforceability does not materially affect the operation of this Agreement.

This Agreement, (together with Finteza’s Website Use terms and conditions, and policies referenced herein), constitutes the entire agreement between you and Finteza with respect to the Services and Website Use.  In the event of any conflict between this Agreement and Finteza’s Website Use Terms and conditions , the Website Use Terms and conditions will govern the use of Finteza’s website, and this Agreement will govern your use of the relevant Services. If any part of this Agreement is held to be unenforceable, that part will be amended to achieve its intended effect as nearly as possible, and the remainder of the Agreement will remain in full force. 

Neither party is responsible for any failure to perform its obligations under this Agreement, if it is prevented or delayed in performing those obligations by an event of force majeure ( war, riots, fire, flood, hurricane, typhoon, earthquake, strikes and acts of state or governmental action) .
Where there is an event of force majeure, the party prevented from or delayed in performing its obligations under this Agreement must immediately notify the other party giving full particulars of the event of force majeure and the reasons for the event of force majeure preventing
that party from, or delaying that party in performing its obligations and that party must use its reasonable efforts to mitigate the effect of the event of force majeure upon its or their performance of the Agreement and to fulfil its or their obligations .
Upon completion of the event of force majeure the party affected must as soon as reasonably practicable recommence the performance of its obligations under this Agreement.

You may not assign this Agreement, and any attempt to do so is void. You acknowledge that your account is part of the Finteza's network, and, consequently, you will receive periodic announcements and information regarding Finteza’s or any related services. You may request to be removed from the network’s news mailing list at any time, or using the unsubscribe link in the emails.

17. Publicity

Finteza may include your website’s domain name & logo on its customer lists, testimonials and press releases. If at any time you would prefer not to be listed, simply let us know, and we will remove your name from the list.

18. Special remarks

The following types of Web sites are NOT allowed to participate in the Service: (a) Web sites which promote illegal activity or racism, or which are libelous, defamatory, racist, hate-crime oriented, abusive, harassing or threatening, (b) Web sites which contain viruses or other contaminating or destructive features, (c) Web sites which violate the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, (d) Web sites which provide instructions or discussions about performing illegal activities, (e) Web sites that promote or utilize software or services designed to deliver unsolicited email, or (f) Web sites which otherwise violate any applicable law or that we otherwise deem to be inappropriate.

You agree not to modify the service’s programming code.

You acknowledge and agree that general information about your Website (name, URL, traffic counts, etc.) may be utilized by the Service. Possible uses include (but are not limited to) lists of the busiest sites, lists of member sites, general promotional uses, etc.

Finteza stores its data in many different formats. ‘Searchable data’, is a particular format of data. Searchable data is used for ‘search’ features and is kept for at least 30 days. The ‘universal search’ box is located on the top of ‘visitors online’ report. The ‘universal search’ box may be removed or not function at any time.

19. Questions

If you have any questions about this Agreement or Finteza’s Services, please contact us. Thank you for choosing Finteza to measure your website. We look forward to doing business with you and hope you find our services valuable.